K2S1118 Children’s Act 1989

K2S1118 The legislation, guidelines and policies which form the basis for action to safeguard children.

Children’s Act 1989

All Local Authorities have a duty to safeguard and promote the welfare of children, working in partnership with the parents they must assess a child’s needs and ensure the safe upbringing of children by their own families if safe to do so. All Local Authorities are required to produce plans setting out their provisions of children’s services i.e. educational services, local Housing services, Health Services.

All Local Authorities can seek a court order if it is in the best interest of the child and the welfare of said child will be of paramount consideration.

All Local Authorities are charged with duties to identify children in need and to safeguard and promote their welfare and to provide a range of services appropriate to those children’s needs.

All children in need must have provisions to the following services:

Advice, guidance and counselling.
Occupational, social, cultural and recreational activities.
Home help including laundry facility.
Facilities or assistance with travel to and from any services provided.
Assistance to enable the child and the family to have a holiday.

Additional financial provisions are also in place for children with disabilities.

The Act also legislates to protect children who may be suffering or are likely to suffer significant harm. All Local Authorities have a duty to investigate when there is reasonable cause to suspect that a child is suffering or is likely to be subject to significant harm. The investigation must include an objective of the child’s needs, including the risk of abuse and the need for protection, as well as the family’s ability to meet those needs.

Parental responsibility

Parental responsibility includes all the rights, duties, power, responsibilities and authority which a parent has in relation to the child.

All birth mothers and fathers married to the mother at the time of birth have automatic responsibility. Any natural fathers who are not married at the time of birth can acquire parental responsibility by a formal agreement obtained on an application to the Court.

Guardians can be appointed to have parental responsibility upon the death of the parents.

Within the Act a child is defined any person under the age of 18 years.

The main aim of the act is to encourage greater partnership between statutory authorities and parents.